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Vafaei v. Canada ( Minister of Employment and Immigration )

IMM-1276-93

Nadon J.

2/2/94

6 pp.

Application for judicial review of negative decision of Refugee Division -- Applicant and her two children, citizens of Iran, claiming refugee status on basis of well-founded fear of persecution for reasons of religion, political opinion and membership in social group -- Applicant's claim stems from events which occured after family moved from Iran to Germany -- Not claiming to have been persecuted in Iran before departure -- Whether applicant "refugee sur place" i.e. after having left country-Board concluding applicant not "refugee sur place" as of view no reasonable chance of persecution should applicant return to Iran-According to applicant pro-monarchist ideas and activities coupled with association with well-known pro-monarchist Iranian and threats from husband of denunciation to Iranian authorities as opponent of Islamic state justify well-founded fear of persecution -- Board was of view applicant's evidence husband would report her to Iranian authorities who, as result, would take actions against applicant "sequence of events which may or may not take place" -- Board's conclusion not perverse nor capricious based on evidence-Application dismissed.

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